Enrolled Copy S.B. 153
1 GOVERNOR'S OFFICE OF ECONOMIC OPPORTUNITY
2 AMENDMENTS
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ronald M. Winterton
6 House Sponsor: Jeffrey D. Stenquist
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the Governor's Office of Economic Opportunity.
11 Highlighted Provisions:
12 This bill:
13 < defines terms;
14 < requires the Governor's Office of Economic Opportunity (office) to report certain
15 information regarding reinvestment agencies to the Legislature;
16 < expands the nonvoting membership of the Unified Economic Opportunity
17 Commission;
18 < expands the membership of the Unified Economic Opportunity Commission's
19 Women in the Economy Subcommittee;
20 < modifies provisions relating to the office's authorization of economic development
21 tax credits;
22 < modifies provisions relating to the office's award of loans and grants from the
23 Industrial Assistance Account;
24 < repeals limitations on the office's use of funds from the State Small Business Credit
25 Initiative Program Fund for administration;
26 < modifies provisions relating to the office's award of grants under the Economic
27 Assistance Grant Program;
28 < establishes the Redevelopment Matching Grant Program for supporting certain
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29 projects related to housing and water conservation;
30 < allows the office to award grants to associations of governments under the office's
31 Rural Opportunity Program;
32 < allows for motion picture incentives that are available only for rural productions to
33 be available for productions occurring in certain second class counties;
34 < renames the Utah Immigration Assistance Center to the Utah Center for
35 Immigration and Integration and modifies the center's duties; and
36 < makes technical and conforming changes.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 17C-1-603, as last amended by Laws of Utah 2021, Chapter 282
44 63N-1a-201, as last amended by Laws of Utah 2022, Chapter 362
45 63N-1b-402, as renumbered and amended by Laws of Utah 2022, Chapter 362
46 63N-1b-403, as renumbered and amended by Laws of Utah 2022, Chapter 362
47 63N-1b-404, as renumbered and amended by Laws of Utah 2022, Chapter 362
48 63N-2-104.3, as enacted by Laws of Utah 2022, Chapter 200
49 63N-3-102, as last amended by Laws of Utah 2022, Chapter 200
50 63N-3-105, as last amended by Laws of Utah 2022, Chapter 362
51 63N-3-106, as last amended by Laws of Utah 2021, Chapter 282
52 63N-3-107, as renumbered and amended by Laws of Utah 2015, Chapter 283
53 63N-3-111, as last amended by Laws of Utah 2022, Chapter 200
54 63N-3-801, as renumbered and amended by Laws of Utah 2022, Chapter 22
55 63N-3-802, as renumbered and amended by Laws of Utah 2022, Chapter 22
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56 63N-3-1002, as enacted by Laws of Utah 2022, Chapter 362
57 63N-4-801, as enacted by Laws of Utah 2022, Chapter 362
58 63N-4-802, as enacted by Laws of Utah 2022, Chapter 362
59 63N-8-102, as last amended by Laws of Utah 2022, Chapter 417
60 63N-8-103, as last amended by Laws of Utah 2022, Chapter 417
61 63N-13-101, as last amended by Laws of Utah 2021, Chapter 282
62 63N-17-202, as last amended by Laws of Utah 2021, Chapters 162, 345 and
63 renumbered and amended by Laws of Utah 2021, Chapter 282
64 63N-18-102, as enacted by Laws of Utah 2021, Chapter 304
65 ENACTS:
66 63N-3-1201, Utah Code Annotated 1953
67 63N-3-1202, Utah Code Annotated 1953
68 RENUMBERS AND AMENDS:
69 63N-18-201, (Renumbered from 63N-18-103, as enacted by Laws of Utah 2021,
70 Chapter 304)
71 63N-18-202, (Renumbered from 63N-18-104, as enacted by Laws of Utah 2021,
72 Chapter 304)
73 REPEALS:
74 63N-3-109, as last amended by Laws of Utah 2022, Chapter 362
75 63N-18-101, as enacted by Laws of Utah 2021, Chapter 304
76
77 Be it enacted by the Legislature of the state of Utah:
78 Section 1. Section 17C-1-603 is amended to read:
79 17C-1-603. Reporting requirements -- Governor's Office of Economic
80 Opportunity to maintain a database.
81 (1) On or before June 1, 2022, the Governor's Office of Economic Opportunity shall:
82 (a) create a database to track information for each agency located within the state; and
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83 (b) make the database publicly accessible from the office's website.
84 (2) (a) The Governor's Office of Economic Opportunity may:
85 (i) contract with a third party to create and maintain the database described in
86 Subsection (1); and
87 (ii) charge a fee for a county, city, or agency to provide information to the database
88 described in Subsection (1).
89 (b) The Governor's Office of Economic Opportunity shall make rules, in accordance
90 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a fee schedule for
91 the fee described in Subsection (2)(a)(ii).
92 (3) Beginning in 2022, on or before June 30 of each calendar year, an agency shall, for
93 each active project area for which the project area funds collection period has not expired,
94 provide to the database described in Subsection (1) the following information:
95 (a) an assessment of the change in marginal value, including:
96 (i) the base year;
97 (ii) the base taxable value;
98 (iii) the prior year's assessed value;
99 (iv) the estimated current assessed value;
100 (v) the percentage change in marginal value; and
101 (vi) a narrative description of the relative growth in assessed value;
102 (b) the amount of project area funds the agency received for each year of the project
103 area funds collection period, including:
104 (i) a comparison of the actual project area funds received for each year to the amount of
105 project area funds forecasted for each year when the project area was created, if available;
106 (ii) (A) the agency's historical receipts of project area funds, including the tax year for
107 which the agency first received project area funds from the project area; or
108 (B) if the agency has not yet received project area funds from the project area, the year
109 in which the agency expects each project area funds collection period to begin;
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110 (iii) a list of each taxing entity that levies or imposes a tax within the project area and a
111 description of the benefits that each taxing entity receives from the project area; and
112 (iv) the amount paid to other taxing entities under Section 17C-1-410, if applicable;
113 (c) a description of current and anticipated project area development, including:
114 (i) a narrative of any significant project area development, including infrastructure
115 development, site development, participation agreements, or vertical construction; and
116 (ii) other details of development within the project area, including:
117 (A) the total developed acreage;
118 (B) the total undeveloped acreage;
119 (C) the percentage of residential development; and
120 (D) the total number of housing units authorized, if applicable;
121 (d) the project area budget, if applicable, or other project area funds analyses,
122 including:
123 (i) each project area funds collection period, including:
124 (A) the start and end date of the project area funds collection period; and
125 (B) the number of years remaining in each project area funds collection period;
126 (ii) the amount of project area funds the agency is authorized to receive from the
127 project area cumulatively and from each taxing entity, including:
128 (A) the total dollar amount; and
129 (B) the percentage of the total amount of project area funds generated within the
130 project area;
131 (iii) the remaining amount of project area funds the agency is authorized to receive
132 from the project area cumulatively and from each taxing entity; and
133 (iv) the amount of project area funds the agency is authorized to use to pay for the
134 agency's administrative costs, as described in Subsection 17C-1-409(1), including:
135 (A) the total dollar amount; and
136 (B) the percentage of the total amount of all project area funds;
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137 (e) the estimated amount of project area funds that the agency is authorized to receive
138 from the project area for the current calendar year;
139 (f) the estimated amount of project area funds to be paid to the agency for the next
140 calendar year;
141 (g) a map of the project area; and
142 (h) any other relevant information the agency elects to provide.
143 [(4) (a) Until the Governor's Office of Economic Opportunity creates a database as
144 required in Subsection (1), an agency shall, on or before November 1 of each calendar year,
145 electronically submit a report to:]
146 [(i) the community in which the agency operates;]
147 [(ii) the county auditor;]
148 [(iii) the State Tax Commission;]
149 [(iv) the State Board of Education; and]
150 [(v) each taxing entity from which the agency receives project area funds.]
151 [(b) An agency shall ensure that the report described in Subsection (4)(a):]
152 [(i) contains the same information described in Subsection (3); and]
153 [(ii) is posted on the website of the community in which the agency operates.]
154 [(5)] (4) Any information an agency submits in accordance with this section:
155 (a) is for informational purposes only; and
156 (b) does not alter the amount of project area funds that an agency is authorized to
157 receive from a project area.
158 [(6)] (5) The provisions of this section apply regardless of when the agency or project
159 area is created.
160 (6) On or before September 1 of each year, the Governor's Office of Economic
161 Opportunity shall prepare and submit an annual written report to the Political Subdivisions
162 Interim Committee that identifies:
163 (a) the agencies that complied with the reporting requirements of this section during
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164 the preceding reporting period; and
165 (b) any agencies that failed to comply with the reporting requirements of this section
166 during the preceding reporting period.
167 Section 2. Section 63N-1a-201 is amended to read:
168 63N-1a-201. Creation of commission.
169 (1) There is created in the office the Unified Economic Opportunity Commission,
170 established to carry out the mission described in Section 63N-1a-103 and direct the office and
171 other appropriate entities in fulfilling the state strategic goals.
172 (2) The commission consists of:
173 (a) the following voting members:
174 (i) the governor, who shall serve as the chair of the commission;
175 (ii) the executive director, who shall serve as the vice chair of the commission;
176 (iii) the executive director of the Department of Workforce Services;
177 (iv) the executive director of the Department of Transportation;
178 (v) the executive director of the Department of Natural Resources;
179 (vi) the executive director of the Department of Commerce;
180 (vii) the commissioner of the Department of Agriculture and Food;
181 (viii) the executive director of the Governor's Office of Planning and Budget;
182 (ix) the commissioner of higher education;
183 (x) the state superintendent of public instruction;
184 (xi) the president of the Senate or the president's designee;
185 (xii) the speaker of the House of Representatives or the speaker's designee;
186 (xiii) one individual who is knowledgeable about housing needs in the state, including
187 housing density and land use, appointed by the governor;
188 (xiv) one individual who represents the interests of urban cities, appointed by the Utah
189 League of Cities and Towns; and
190 (xv) one individual who represents the interests of rural counties, appointed by the
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191 Utah Association of Counties; and
192 (b) the following non-voting members:
193 (i) the chief executive officer of World Trade Center Utah;
194 (ii) the chief executive officer of the Economic Development Corporation of Utah;
195 [and]
196 (iii) a senior advisor to the chair of the commission with expertise in rural affairs of the
197 state, appointed by the chair of the commission[.]; and
198 (iv) the chief executive officer of one of the following entities, appointed by the chair
199 of the commission:
200 (A) the Utah Inland Port Authority created in Section 11-58-201;
201 (B) the Point of the Mountain State Land Authority created in Section 11-59-201; or
202 (C) the Military Installation Development Authority created in Section 63H-1-201.
203 (3) A majority of commission members constitutes a quorum for the purposes of
204 conducting commission business and the action of a majority of a quorum constitutes the action
205 of the commission.
206 (4) The executive director of the office, or the executive director's designee, is the
207 executive director of the commission.
208 (5) The office shall provide:
209 (a) office space and administrative staff support for the commission; and
210 (b) the central leadership and coordination of the commission's efforts in the field of
211 economic development.
212 (6) (a) A member may not receive compensation or benefits for the member's service
213 on the commission, but may receive per diem and travel expenses in accordance with:
214 (i) Sections 63A-3-106 and 63A-3-107; and
215 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
216 63A-3-107.
217 (b) Compensation and expenses of a commission member who is a legislator are
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218 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
219 Expenses.
220 Section 3. Section 63N-1b-402 is amended to read:
221 63N-1b-402. Women in the Economy Subcommittee created.
222 (1) There is created a subcommittee of the commission called the Women in the
223 Economy Subcommittee.
224 (2) The subcommittee shall consist of [11] 15 members as follows:
225 (a) one senator appointed by the president of the Senate;
226 (b) one senator appointed by the minority leader of the Senate;
227 (c) one representative appointed by the speaker of the House of Representatives;
228 (d) one representative appointed by the minority leader of the House of
229 Representatives;
230 (e) the executive director of the department, or the executive director's designee; and
231 (f) [six] 10 members appointed by the governor as follows:
232 (i) [a representative of a business with fewer than 50 employees that has been awarded
233 for work flexibility or work-life balance] two individuals who represent businesses in the state
234 that:
235 (A) have fewer than 50 employees; and
236 (B) have demonstrated a commitment to women in the economy;
237 [(ii) a representative of a business with 50 or more employees, but fewer than 500
238 employees, that has been awarded for work flexibility or work-life balance]
239 (ii) two individuals who represent businesses in the state that:
240 (A) have 50 or more employees, but fewer than 500 employees; and
241 (B) have demonstrated a commitment to women in the economy;
242 [(iii) a representative of a business with 500 or more employees that has been awarded
243 for work flexibility or work-life balance]
244 (iii) two individuals who represent businesses in the state that:
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